32-23-3. Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

If conviction for a violation of § 32-23-1 is for a second offense, the person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, revoke the person's driver license for a period of not less than one year. However, upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to drive for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, or attendance at counseling programs. If the person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended.

Source: SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (2); SL 1973, ch 195, § 6; SL 1977, ch 189, § 113; SL 1982, ch 247, § 1; SL 1994, ch 261, § 1; SL 2006, ch 168, § 6; SL 2008, ch 161, § 2, eff. Feb. 27, 2008; SL 2022, ch 99, § 2.